February 28, 2006

Hundreds Protest Racism at Cornell

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During the middle of yesterday’s rally on Ho Plaza, Emelia Miko Day ’09 said that she was the victim of last semester’s alleged unlawful videotaped surveillance.

During her short, unscheduled testimony, part of a designated “speak out time,” Day said, “My name is Emilia Miko Day. I’m a Cornell freshman in Architecture, Arts and Planning, and I am a Japanese American. I was the victim of the racially motivated sexual assault last semester involving a videotape. I’ve been hiding this for six months, and I feel I need to leave this community.”

A source close to the investigation confirmed Day was the victim in the surveillance incident that allegedly occurred on Oct. 16, 2005. The students charged in the incident were Gregory B. Kubin ’09, Remy P. Garson ’09 and Peter A. Cook ’09. The three were arraigned for unlawful surveillance in the 2nd degree and conspiracy in the 5th degree on Oct. 24, 2005. Garson was also charged with 2nd degree harassment, a violation. Unlawful surveillance is a Class E felony, and conspiracy is a misdemeanor.

The three were temporarily suspended from Cornell, but their suspensions have since been lifted. Tompkins County District Attorney Gwen Wilkinson told The Sun that she plans on continuing to press charges. She said that one of her assistants was in charge of the case, but that she would handle all press inquiries.

Last October, Raymond Schlather, the attorney for Kubin, said that Cornell and local media outlets released “false and frankly libelous statements” concerning the case.

“There are a couple of points that need to be clarified,” Schlather said then. “The video did not show any sexual activity